Editorial: New law misses opportunity to truly protect state's energy transmission networks

Tuesday, June 20, 2023 -- Legislators passed and Gov. Roy Cooper signed a toothless placebo of a law merely addressing the symptoms of attacks on our electric power distribution system, missing an opportunity to more effectively protect the state's power transmission infrastructure.

Posted 9:00 a.m. Jun 20 — Updated 9:00 a.m. Jun 20

CBC Editorial: Tuesday, June 20, 2023; editorial #8854

The following is the opinion of Capitol Broadcasting Company

North Carolina legislators passed last week and Gov. Roy Cooper signed Monday a toothless placebo of a law merely addressing the symptoms of attacks on our electric power distribution system. They’ve missed an opportunity to enact laws to really take a bite out of the cause of the problem and more effectively protect the state’s power transmission infrastructure.

Memories are still fresh of the all-too-real experience of just how vulnerable North Carolina’s electric transmission networks and facilities are to deliberate sabotage or senseless vandalism. In the first week of December last year critical health care facilities, businesses, government agencies and thousands of Moore County homes were without power for days after two power substations were knocked out of commission by gunfire attacks. A month later a Randolph County substation was attacked with gunfire but it didn’t cause any outages.

Last week, the day before a congressional committee held a public hearing in Moore County on the security of power transmission facilities, state legislators unanimously passed a bill increasing punishment – from a misdemeanor to a felony facing six years in prison and up to $250,000 in fines-- for those convicted of intentionally damaging utility equipment.

It’s a nice sentiment but little more. But for those bent on mischief or worse this action does nothing to deter them, make these critical facilities any more secure or provide any additional resources to capture and bring to justice those responsible for the damage.

U.S. Rep. Richard Hudson, a Republican who lives in Southern Pines, focused on politics and talked of his frustration that the FBI has failed to apprehend a suspect in the power substation damage.

But another congressional committee member, Rep. Gary Palmer (R-Alabama) focused on addressing the real problem.

During the hearing he told Duke Energy enterprise and security director Mark Aysta that the company ignored Department of Homeland Security warnings in the weeks before the attack. Power substations, like those in Moore County that were knocked out of commission, he said needed to be monitored for surveillance purposes around the clock. Surveillance cameras were only put in place AFTER the disabling attacks. Duke Energy, North Carolina’s largest electric power provider, owns about 2,100 substations around the state.

The General Assembly enacted legislation to increase the penalties for those who vandalize electric transmission facilities. But the impact comes only AFTER the damage is done. It does NOTHING to assure that the facilities are less susceptible to attacks and have the kinds of surveillance and security to more effectively identify perpetrators and bring them to justice.

It’s not that there isn’t the opportunity to enact more meaningful legislation and regulations. For 20 weeks (since Jan 30) a bill to require public utilities to provide round-the-clock security systems at substations has been gathering dust in the House Committee on Public Energy and Public Utilities. When Rep. Ben Moss, R-Moore, introduce the bill he called it a “conversation opener.” But now as the legislative session is nearly its conclusion, there’s only been silence. There’s not been a peep about the bill.

What are legislators and Cooper waiting for?

If legislators won’t address this matter, there’s nothing preventing the state Utilities Commission from setting security standards as a part of its authority in overseeing public utilities and setting the rates they charge consumers. These needed protections should also be a part of Cooper’s initiatives for energy efficiency and promotion of clean energy.

Increasing penalties on those determined to be disruptive offers the public little more than a mirage of action.

What is needed is more security and monitoring of these critical parts of our power grid.

The legislature and governor need to do more than talk. Pass and sign legislation requiring utilities to effectively protect these facilities and do more to identify those who seek to cause the disruptions. That is real action. That lives up to our state’s motto.

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